RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050017841


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his late brother, a former
service member (FSM), is entitled to award of the Combat Infantryman Badge
and the Bronze Star Medal.

2.  The applicant states, in effect, that his brother served as a Squad
Leader and an Infantryman in Company A, 1st Battalion, 338th Infantry
Regiment of the 85th Infantry Division during the Italian Campaign in 1944.

3.  The applicant provides a copy of separation document (Enlisted Record);
Honorable Discharge Certificate, dated 10 November 1944; WD AGO Form Number
20 (Soldier's Qualification Record); Headquarters 338th Infantry of the
85th Infantry Division Report of Operations, dated 20 June 1944; a Delayed
Certificate of Birth; a Form 55A (Clinical Record Brief), dated 10 November
1944; a DD Form 1330 (Application for Headstone or Marker), dated
18 November 1965; a Certificate of Death, dated 7 December 2005; and two
self-authored letters in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 November 1944, the date of his discharge from active duty.
The application submitted in this case is dated 15 November 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available for review.  A fire
destroyed approximately 18 million service members’ records at the National
Personnel Records Center in 1973.  It is believed that the FSM’s records
were lost or destroyed in that fire.  However, there were sufficient
documents remaining in a reconstructed record to conduct a fair and
impartial review of this case.


4.  The FSM's separation document shows he was inducted in the Army on
14 May 1942 and assigned to Company A, 338th Infantry Regiment of the 85th
Infantry Division.  This form also shows the applicant was honorably
discharged on 10 November 1944.

5.  The FSM's separation document further shows that he served in the
European-African-Middle Eastern Theater of Operations during the period
7 January 1944 through 20 August 1944.  This form also shows that he
returned to the continental United States on 1 September 1944.

6.  The FSM's separation document also shows he was awarded the Purple
Heart, the Good Conduct Ribbon, the European-African-Middle Eastern
Campaign Ribbon, and a bronze service star for the Italian campaign.  There
is no evidence within the FSM's records that shows he was awarded the
Combat Infantryman Badge or the Bronze Star Medal.

7.  Item 28 (Record of Current Service) of the FSM's WD AGO Form Number
20 shows he served in military occupational specialty 653 (Squad Leader)
and 745 (Rifleman) while assigned to Company A, 338th Infantry Regiment.

8.  War Department Circular 269-1943 established the Combat Infantryman
Badge and the Expert Infantryman Badge to recognize and provide an
incentive to infantrymen.  The Expert Infantryman Badge was to be awarded
for attainment of certain proficiency standards or by satisfactory
performance of duty in action against the enemy.  The Combat Infantryman
Badge was awarded for exemplary conduct in action against the enemy.  War
Department Circular 186-1944 further provided that the Combat Infantryman
Badge was to be awarded only to infantrymen serving with infantry units of
brigade, regimental or smaller size.  Additionally, World War II holders of
the Combat Infantryman Badge received a monthly pay supplement known as
combat infantry pay and holders of the Expert Infantryman Badge were
entitled to expert infantry pay.  Therefore, soldiers had economic as well
as intangible reasons to ensure that their records were correct. Thus, pay
records are frequently the best available source to verify entitlement to
this award.  The Awards Branch, Total Army Personnel Command, has advised
in similar cases that, during World War II, the Combat Infantryman Badge
was normally awarded only to enlisted individuals who served in the
following positions:

    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
     f.  Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Bronze Star Medal is awarded for heroism and for meritorious
achievement or service in military operations against an armed enemy.  The
Bronze Star Medal is authorized for each individual who was cited in orders
or awarded a certificate for exemplary conduct in ground combat between
7 December 1941 and 2 September 1945 or whose achievement or service,
during that period, was confirmed by documents executed prior to 1 July
1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge
is considered to be a citation in orders.  This means, in effect, that the
Bronze Star Medal is to be awarded to individuals who were authorized
either badge for service during World War II.

10.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his separation
document.

11.  Records do not show award of the World War II Victory Medal or the
American Campaign Medal.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal.  It is awarded for service between 7 December
1941 and 31 December 1946, both dates inclusive.

13.  Army Regulation 600-8-22 also provides, in pertinent part, for award
of the American Campaign Medal.  This campaign medal is awarded for
qualifying service in the American Theater between 7 December 1941 and 2
March 1946.  Qualifying service includes permanent assignment outside the
continental United States, duty as a crewmember aboard a vessel sailing
ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside
the continental United States as a passenger or in a temporary duty status
for 30 consecutive or 60 nonconsecutive days, or active combat against the
enemy and was awarded a combat decoration or furnished a certificate by a
corps commander or higher, or service within the continental United States
for an aggregate period of one year.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM is entitled to award of the Combat
Infantryman Badge and the Bronze Star Medal.
2.  Evidence of record shows that the FSM served in an infantry MOS while
serving with the 228th Infantry Regiment of the 85th Infantry Division
during his military service.  Records also show the applicant sustained
wounds while involved in ground combat which resulted in award of the
Purple Heart.

3.  Therefore, based on the foregoing, the applicant is entitled to
correction of his records to show award of the Combat Infantryman Badge.
Additionally, based on the award of the Combat Infantryman Badge, the
applicant is also entitled to award of the Bronze Star Medal and correction
of his records to show this award.

4.  Evidence of record shows the applicant served a qualifying period for
award of the World War II Victory Medal.  Therefore, he is entitled to
correction of his records to show this award.

5.  Evidence of record shows the applicant served a qualifying period
within the continental United States for award of the American Campaign
Medal.  Therefore, he is entitled to correction of his records to show this
award.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 January 1963, the date of the FSM's
death; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 6 January 1966.  Although
the applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file based on the relief being
granted.

BOARD VOTE:

_CVM___  _YM____  __KAN___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of the Combat
Infantryman Badge, the Bronze Star Medal, the World War II Victory Medal,
and the American Campaign Medal.




                                Kathleen A. Newman__
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017841                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  157  |107.0111.0000                           |
|2.  60                  |107.0014.0000                           |
|3.  46                  |107.0000.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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